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(영문) 대구지방법원 김천지원 2015.09.24 2015고단579
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 2, 2008, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act, etc. in the Daegu District Court Kimcheon Branch of the Daegu District Court on December 2, 2008, and on October 31, 2013, the Defendant was issued a summary order of KRW 4 million due to the same crime in the same court.

While the Defendant was punished for drinking twice or more as above, on May 2, 2015, at around 23:20, the Defendant: (a) transpamed B with blood alcohol concentration of 0.133% without obtaining a driver’s license from Alburg-dong in the Gu-U.S. Pyeong-dong from the front of Alburg-dong in the Gu-U.S., to the front of the same Singu-dong U.S. P., the Defendant driven a motor vehicle without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driver;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (verification of the same criminal records);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 (see the reasons for sentencing) of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was driving under the condition of 0.191% in 208; (b) the Defendant was discovered while driving under the state of 0.149% in 2013; and (c) the driver’s license was revoked; and (d) the Defendant committed the crime on December 11, 2014 without being aware of the fact that he/she was sentenced to the suspension of the execution of six months in imprisonment with prison labor for the crime of injury and without being aware of the fact that there was no accident that has occurred in the course of the crime; (c) the confession of the crime and the misunderstanding of himself/herself appears during the suspension of the execution of six months in 2014; and (d) other judgment.

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